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Richmond Radiology, P.C. v GEICO Ins. Co.
2009 NY Slip Op 52209(U) [25 Misc 3d 133(A)]
Decided on October 23, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2008-1622 Q C.

Richmond Radiology, P.C. a/a/o EFFIE CASALINO, Appellant,

against

GEICO Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 30, 2008. The order, insofar as appealed from, denied plaintiff's motion for summary judgment with respect to plaintiff's claim seeking to recover the sum of $1,087.11.


ORDERED that the order, insofar as appealed from, is affirmed without costs.

For the reasons set forth in Richmond Radiology, P.C. a/a/o Arkady Polevoy v Geico Ins. Co. (___ Misc 3d ____, 2009 NY Slip Op ____ [Appeal No. 2008-1635 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

We decline defendant's request that we search the record and grant defendant summary judgment (see e.g. New York Univ. Hosp. Rusk Inst. v Government Empls. Ins. Co., 39 AD3d 832 [2007]).

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 23, 2009